MANI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated September 26, 2019 and the order of sentence dated September 27, 2019 passed by the learned Additional District and Sessions Judge, First Track - 1st Court, Sealdah, South 24 Parganas in Sessions Trial No. 4(6) 2019 convicting the appellant under Sec. 302/201 of the Indian Penal Code, 1860. By the impugned judgement of conviction and the order of sentence, the appellant had been sentenced to imprisonment for life for offence under Sec. 302 of the Indian Penal Code, 1860 and pay a fine of Rs.5,000,.00 in default to undergo rigorous imprisonment for six months. The appellant had been sentenced for three years rigorous imprisonment for the offence under sec. 201 of the Indian Penal Code, 1860 and to pay a fine of Rs.1,000.00 and in default of payment of which, the appellant was directed to undergo rigorous imprisonment for three months more. Both the sentences had been directed to run concurrently.

(2.) The minor daughter of the appellant had been murdered. Initially, the appellant had lodged a complaint with regard to kidnapping of her daughter with the police on August 31, 2018. In her complaint, the appellant had stated that, there was a strain in the relationship with her husband. She had stated that, she was residing on the pavement in front of Deshbandhu Park with her two and half years old daughter(victim). On August 30, 2018, she was sleeping on the pavement as usual when upon waking up at 6 A.M in the morning, she could not find her daughter. She had complained that unknown people may have abducted her daughter.

(3.) On the basis of the complaint of the appellant, a police case being Ultadanga Police Station Case No. 144 dated August 31, 2018 in under Sec. 363 of the Indian Penal Code, 1860 was started on August 31, 2018.